Why paralegal scope is limited in criminal matters
The Criminal Code divides offences into summary conviction offences (less serious), indictable offences (more serious) and hybrid offences, where the Crown chooses whether to proceed summarily or by indictment. Since 2019, the general maximum penalty for a summary conviction offence is two years less a day in custody and a fine of up to $5,000.
Section 802.1 of the Criminal Code says a defendant may not appear or examine witnesses through an agent if they are liable, on summary conviction, to more than six months' imprisonment, unless the defendant is an organization, is only requesting an adjournment, or the agent is authorized under a program approved, or criteria established, by the province. In Ontario, section 6 of the Law Society's By-Law 4 limits a P1 paralegal to summary conviction proceedings in which, under the Criminal Code as it stood immediately before the 2019 amendments, an accused could appear by agent, plus four listed driving offences when prosecuted summarily: dangerous operation (s. 320.13(1)), failure to stop after an accident (s. 320.16(1)), flight from police (s. 320.17) and operation while prohibited (s. 320.18(1)).
What must be reviewed before a retainer
- The charging documentsThe information, appearance notice, undertaking or release order, and every listed charge with its section number.
- The current lawThe current Criminal Code provision and LSO list, not an old website or a general description.
- The Crown's electionFor hybrid offences, whether the Crown is proceeding summarily. A change to indictment takes the case outside paralegal scope.
- Dates and conditionsThe next court date, fingerprinting date, disclosure status and every release condition, which must be followed exactly.
- ConsequencesCustody, probation, driving, employment, professional licensing, travel and immigration consequences.
- Conflict and competenceConflicts of interest, competence and whether another charge or service requires a lawyer.
How a criminal case moves
First appearance
The case is called in court. Disclosure may be provided. Nothing is decided about guilt at this stage.
Disclosure review
Police reports, witness statements, video and other evidence are reviewed against the elements of the offence and possible defences.
Crown resolution meeting
Discussion with the Crown about withdrawal, diversion, a peace bond, a lesser charge or a sentencing position.
Judicial pre-trial
A meeting with a judge to narrow issues and estimate trial time; required in many cases before a trial date is set.
Plea or trial
A guilty plea with sentencing submissions, or a trial where the Crown must prove guilt beyond a reasonable doubt.
Sentence
If convicted, the court imposes a sentence after hearing from both sides.
Possible outcomes
| Outcome | What it means |
|---|---|
| Withdrawal or stay | The charge does not proceed. No conviction. |
| Diversion | The Crown withdraws the charge after the accused completes a program, community service or a donation. Availability depends on the offence and the Crown's policy. |
| Peace bond (s. 810) | A court order to keep the peace and follow conditions for up to 12 months, usually in exchange for withdrawal of the charge. It is not a conviction. |
| Absolute or conditional discharge | A finding of guilt without a conviction. A conditional discharge includes probation. The record of a discharge is kept for a set period. |
| Fine, probation or suspended sentence | A conviction with a monetary penalty or conditions in the community. |
| Custody | Jail or a conditional sentence served in the community, for more serious cases. |
Immigration consequences: read this before any plea
For anyone who is not a Canadian citizen, including permanent residents, work and study permit holders, visitors and refugee claimants, a criminal conviction can affect status in Canada. Under the Immigration and Refugee Protection Act, a hybrid offence is treated as indictable for immigration purposes, even if the Crown proceeded summarily. One conviction can make a temporary resident inadmissible, and some convictions can affect permanent residents.
A discharge, diversion or peace bond often has very different immigration effects from a conviction. Because Ghasedak also practises immigration law through a Regulated Canadian Immigration Consultant, the immigration effect of a proposed resolution can be reviewed before you decide.
Following release conditions
Breaching a release condition, such as a no-contact order, curfew or a requirement to stay away from a place, is a separate criminal offence and can lead to arrest. If a condition is unclear or causes hardship, the proper route is a request to vary it, not to ignore it.
When a lawyer is required
Indictable matters, offences not on the LSO list, a Crown election to proceed by indictment, bail hearings where outside scope, appeals to the Superior Court or Court of Appeal, and any file beyond the paralegal's competence must be declined or referred. The safest first step is to send the complete charging and release documents for an exact-scope review.
Frequently asked questions
Can I speak to the police or the complainant about the charge?
Do not discuss the case with police without advice, and do not contact a complainant if your release conditions prohibit it. Contact through a third party can also breach conditions.
Will I get a criminal record?
A conviction creates a criminal record. Withdrawals and peace bonds do not result in a conviction, and discharges are treated differently. Police and court records may still exist and have their own rules.
Can I travel while my case is pending?
Check your release conditions and court dates first. Some countries, including the United States, may refuse entry because of charges or convictions.
Official sources
- Criminal Code, section 802.1
- Law Society of Ontario: By-Law 4
- Ontario Court of Justice: Criminal court
- Immigration and Refugee Protection Act, section 36
This guide is general legal information about Ontario law as of the date above. It is not legal advice for your situation. Laws, forms and fees change; check the official sources before you act.